Amelioration Act 1798
Encyclopedia
The Amelioration Act 1798 (sometimes referred to as the Melioration Act or the Slavery Amelioration Act) was a statute
passed by the Leeward Islands
in relation to slaves in the British Caribbean
colonies.
The Act applied in all of the British Leeward Island colonies in the Caribbean up until its implied repeal by the Slavery Abolition Act 1833. The Act is most often noted for its provisions for financial penalties for inflicting cruel and unusual punishments on slaves. It also made provisions for basic entitlements of slaves to clothes, food and rudimentary education. However, the Act was somewhat eclectic in effect; it also prohibited marriages between slaves being sanctified by religious ceremony.
The Act is sometimes portrayed as an example of extending basic human rights
to slaves. Whilst that may be correct, it is also probable that the Act had considerably less altruistic purposes. Agitation amongst slaves was increasing in the region in the time, and slave rebellion
s were becoming increasingly frequent. Trying to moderate the conduct of the worst slave owners was partly a measure to control these outbreaks of violence. It has also been suggested that the Act served an economic function; anticipating the abolition of the slave trade (which in fact subsequently happened pursuant to the Slave Trade Act 1807), it has been argued that the Act sought to preserve the well-being and encourage the breeding of existing slave populations to preserve the labour basis upon which the Caribbean's plantation economies were based.
It does not appear that the provisions prohibited cruel and unusual punishments were widely enforced. However, in at least one notable instance, the trial of Arthur Hodge
for the murder
of one of his slaves, the Act was cited obliquely. Hodge's counsel, at the bail hearing, had argued that "A Negro being property, it was no greater offense for his master to kill him than it would be to kill his dog," a submission that was ridiculed by the prosecution, but, being unable to cite authority to refute it, made reference to the Act and averred that it was completely inconsistent with being entitled to kill slaves.
Use of the term "cruel and unusual punishments", derived from the English Bill of Rights
might have also been influenced by its inclusion in the Eighth Amendment to the United States Constitution
some ten years previously, whose text was well-known to English-speaking jurists.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
passed by the Leeward Islands
British Leeward Islands
The British Leeward Islands was a British colony existing between 1833 and 1960, and consisting of Antigua, Barbuda, the British Virgin Islands, Montserrat, Saint Kitts, Nevis, Anguilla and Dominica....
in relation to slaves in the British Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
colonies.
The Act applied in all of the British Leeward Island colonies in the Caribbean up until its implied repeal by the Slavery Abolition Act 1833. The Act is most often noted for its provisions for financial penalties for inflicting cruel and unusual punishments on slaves. It also made provisions for basic entitlements of slaves to clothes, food and rudimentary education. However, the Act was somewhat eclectic in effect; it also prohibited marriages between slaves being sanctified by religious ceremony.
The Act is sometimes portrayed as an example of extending basic human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
to slaves. Whilst that may be correct, it is also probable that the Act had considerably less altruistic purposes. Agitation amongst slaves was increasing in the region in the time, and slave rebellion
Slave rebellion
A slave rebellion is an armed uprising by slaves. Slave rebellions have occurred in nearly all societies that practice slavery, and are amongst the most feared events for slaveholders...
s were becoming increasingly frequent. Trying to moderate the conduct of the worst slave owners was partly a measure to control these outbreaks of violence. It has also been suggested that the Act served an economic function; anticipating the abolition of the slave trade (which in fact subsequently happened pursuant to the Slave Trade Act 1807), it has been argued that the Act sought to preserve the well-being and encourage the breeding of existing slave populations to preserve the labour basis upon which the Caribbean's plantation economies were based.
It does not appear that the provisions prohibited cruel and unusual punishments were widely enforced. However, in at least one notable instance, the trial of Arthur Hodge
Arthur William Hodge
Arthur William Hodge was a plantation farmer, member of the Council and Legislative Assembly, and slave owner in the British Virgin Islands, who was hanged on 8 May 1811, for the murder of one of his slaves...
for the murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of one of his slaves, the Act was cited obliquely. Hodge's counsel, at the bail hearing, had argued that "A Negro being property, it was no greater offense for his master to kill him than it would be to kill his dog," a submission that was ridiculed by the prosecution, but, being unable to cite authority to refute it, made reference to the Act and averred that it was completely inconsistent with being entitled to kill slaves.
Use of the term "cruel and unusual punishments", derived from the English Bill of Rights
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
might have also been influenced by its inclusion in the Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
some ten years previously, whose text was well-known to English-speaking jurists.